Not just no, but HELL NO! My Texas NFA Gun Trusts explicitly provide that no person who is ineligible to possess trust property, which may include NFA firearms and non-NFA firearms, regulated by federal firearms laws or applicable state firearms laws may serve as a trustee. Moreover, if any trustee becomes ineligible to possess such trust property, the trustee is disqualified to serve as a trustee and must resign immediately.

Under current Federal law, the following persons are prohibited from receiving, possessing, shipping, or transporting firearms or ammunition, and therefore, may not serve as trustees in Texas NFA Gun Trusts that I prepare:

(1)  Any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

(2)  Any fugitive from justice;

(3)  Any unlawful user of or any person who is addicted to a controlled substance;

(4)  Any person who has been adjudicated as a mental defective or who has been committed to a mental institution;

(5)  Any alien who is illegally or unlawfully in the United States or, except as provided in 18 U.S.C. 922(y)(2), has been admitted to the United States under a non-immigrant visa (as that term is defined in 8 U.S.C. 1101(a)(26));

(6)  Any person who has been discharged from the Armed Forces under dishonorable conditions;

(7)  Any person who, having been a U.S. citizen, has renounced his or her citizenship;

(8)  Any person who is subject to a court order that:

(a)  was issued after a hearing of which such person received actual notice and at which such person had an opportunity to participate;

(b)  restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(c) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; and

(9)  Any person who has been convicted in any court of a crime of domestic violence.

See 18 U.S.C. 922(g). Moreover, under current Federal law, it is unlawful for the trustee to sell or otherwise dispose of any firearm or ammunition to any of the persons listed above. See 18 U.S.C. 922(d). Thus in Texas NFA Gun Trusts that I prepare, upon the death of the settlors, trustees may not transfer any of the trusts’ firearms to any beneficiaries who are ineligible to possess them.

Would you like to have the peace of mind that comes with knowing that you received a high-quality Texas NFA gun trust from a Texas attorney who is recommended by several of the largest and most successful Class 3 dealers in the United States? Let’s get started!

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